Trial on a charge of internet luring, contrary to s. 172.1(1)(b) CC. 11 year old complainant. Issue as to whether accused reasonably believed that the complainant was not under the age of 16.

Held: Convicted.

As per Levigne 2010 SCC 25, s. 172.1(3) CC creates a rebuttable presumption where there is evidence that the target of the communication was represented to be under the specified age. When the complainant’s on line identity was assumed by a police officer, the officer told the accused that he/she was under 12. Accused’s evidence as to various other statements about age, experience, and appearance, that were made by the complainant during the various on line conversations, did not raise a doubt as to the accused’s belief that the complainant was at least 16.

D. Bottos – Defence Counsel